Export Control Terms

Key Terms and Definitions

BIS (Bureau of Industry and Security): The U.S. Department of Commerce agency that administers and enforces the Export Administration Regulations (“EAR”).

CCL (Commerce Control List): Categorized list of products, software and technology subject to controls under the Export Administration Regulations (EAR Part 774). Also referred to as the “dual-use” list.

Deemed Export: The release of technology or technical data to a foreign national in the U.S. is “deemed” to be an export to the individual’s home country. This concept is referred to as a “deemed export” and such release is treated as an export to the home country of the foreign national.

Defense Article: Any item subject to the International Traffic in Arms Regulations (“ITAR”), including any item specifically designed, developed, configured, adapted or modified for a military, space or satellite application.

Defense Service: Furnishing of assistance, including training, to a foreign person in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of a defense article.

DDTC (Directorate of Defense Trade Control): The U.S. Department of State agency responsible for the administration of the International Traffic in Arms Regulations (“ITAR”).

Dual-Use Item: Items that have both a civil and potential military/proliferation application. Dual use categories include, but are not limited to, electronics, telecommunications, chemicals, navigation, sensors/lasers, information security and materials processing.

EAR (Export Administration Regulations): Regulations administered by BIS, U.S. Department of Commerce that control the export and re-export of dual use items.

EAR99: Dual use items that are not specifically listed on the Commerce Control List (CCL) are designated as EAR99. EAR99 items generally consist of low level technology, consumer goods, etc.

ECCN (Export Control Classification Number): An alphanumeric designation (e.g., 3A001, 5A002) used in the CCL to identify items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, technology or software and its respective technical parameters.

Encryption Source Code: A precise set of operating instructions to a computer that, when compiled, allows for the execution of an encryption function on a computer.

Export: The term “export” includes the transfer of information, software or commodities to another country, as well as, the release of controlled technology to a foreign national.

Exporter: A person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States. Principal parties in interest are those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transaction.

Foreign National/Foreign Person: A "foreign national" is anyone who is not a U.S. citizen or lawful permanent resident (i.e., aliens possessing a valid Form I-551 or "green card"), or persons granted asylee or refugee status. Under export controls, anyone holding a temporary visa (B, E, F, H-1B, H-3, J-1, L-1, etc.) is considered a foreign national.

Fundamental Research: Basic and applied research in science and engineering conducted at accredited U.S. institutions of higher education where the resulting information is ordinarily published and shared broadly within the scientific community. Such research can be distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary reasons or specific national security reasons. For more information, see the Exceptions & Exclusions Section on this site.

ITAR (International Traffic in Arms Regulations): Regulations administered by DDTC, U.S. Department of State that control the export, re-export and temporary import of items specifically designed, developed, modified, configured or adapted for a military, space or satellite application.

OFAC (Office of Foreign Assets Control): Agency in the U.S. Treasury Department that oversees U.S. economic sanctions regulations.

Publicly Available Information: Information that is generally accessible to the interested public in any form and, therefore, not subject to the EAR. Includes technology and software that are already published or will be published; arise during, or result from fundamental research; are educational; or are included in certain patent applications. For more information, see the Exceptions & Exclusions Section on this site.

Technology: Specific information necessary for the “development,” “production," or “use” of a product. The information takes the form of “technical data” or “technical assistance.”

Technical Assistance: May take forms such as instruction, skills training, working knowledge, consulting services.

Technical Data: May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, or read-only memories.